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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. To receive full damages, it is essential to document your losses carefully. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages include the cost of your current and future medical expenses and lost wages. Also, it covers the pain and suffering as well as loss of companionship. Statute of limitations If you've suffered injuries due to negligence or a negligent action, you should file a lawsuit as soon as possible. Statutes of limitations are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. These limitations of time can differ depending on the state of origin and the type of claim, and are often subjected to specific or limited exemptions. In New York, for example, if you wish to file a lawsuit relating to injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions involving negligence, such as medical malpractice, product liability and wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations that applies to your particular case and ensure it is filed on time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to note that even the time limit has passed but you might still be able to file additional claims for compensation that relate to your injuries, such as workers compensation or Social Security disability benefits. However, it is advised to consult an attorney about your case as soon as possible, so that he or she can inform you of all options. In most cases, your statute of limitations will run from the date of the incident that led to your injury. However, in certain circumstances such as exposure to harmful substances or medical malpractice, the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was the result of a negligent act. This is known as the discovery rule. There are rare circumstances where the statute of limitations is “tolled”, or suspended. These cases are factual and require a skilled personal injury attorney to analyze. If you've been injured because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for costs resulting from your injury, including medical bills, lost income, and pain and suffering. Funeral expenses and emotional distress could be included in the special damages. If a loved one died due to the reckless conduct of another you may also be able to recover wrongful death damages. A court must establish four elements to find the responsible party liable for your injury: duty, breach of duty, causation and damages. To establish the duty of a defendant to be legally bound to act in a responsible manner in the given circumstance. In the event of a breach of this obligation is called negligence. The injury you sustained is directly resulting from a breach of this duty. To be eligible for damages the injury must have caused serious harm or significant damage. A car accident resulting in an injury to the hand could cause significant medical expenses, and most likely loss of income. The injury was caused directly by the defendant's careless or reckless actions. A wrongful death claim could be a result of the funeral and burial costs for your loved one and emotional distress that your family or you experienced. Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the worth of your pain. Keep a journal to record your daily pain level as well as how your injuries affect you mentally as well as physically. This can help you to support your claim. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. The damages can only be awarded if a jury or judge finds the defendant's actions to be particularly outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be resolved. If Kansas City injury attorney goes to trial, a jury will decide what they will award you for your injuries and losses. In a lot of cases, however, parties agree to settle their claims outside of court. This allows them to avoid the time and cost of a trial. This also allows victims to collect their compensation earlier than they would if they waited for the trial to complete. A personal injury settlement can include both economic and non-economic damages. The former covers costs like medical expenses as well as lost wages and property damage. The latter include aspects such as suffering and loss of enjoyment of life. Placing a monetary value on these damages can be difficult, but an attorney can help determine the value of your injuries. Typically, an insurance company will offer a settlement before your case goes to trial. They will look over the evidence you have collected and determine how much they will consider your claim. You may be required to send a demand letter, which is accompanied by evidence and a request for the appropriate compensation amount. You'll likely receive a counter-offer by the insurer, which is typically lower than the amount you requested. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim, the settlement will cover your medical expenses and other out-of pocket expenses due to your accident. In some cases, your settlement may also include a portion of any future treatment your doctor estimates that you will require due to the. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This type of compensation is typically awarded to spouses and children who have suffered because of the death of a loved one due to an accident caused by someone else's negligence. You could also be eligible for punitive damages if the defendant is found to be particularly negligent. This type of payment is intended to punish the defendant, and deter others from engaging in reckless behavior. Filing an action Once a person has contacted an attorney for personal injury and has been advised to collect evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should also be included in a claim. If the parties are unable come to an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant harmed them, and request relief in the form monetary compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being accused of a crime. The defendant is given a certain amount of time in which to respond. In this process both sides will go through the discovery phase where each party investigates the defenses and claims of the other. This can be a lengthy process and may involve a great deal of documentation. A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They can also demand an appropriate settlement from the insurance company. The insurance company could accept, decline or counter-offer the offer. It is important to have an experienced lawyer to ensure your rights are protected and maximize your compensation. A competent lawyer can go through all evidence available to ensure that you are compensated for each loss. They can also assist you to cut out unnecessary costs and track the amount of money you're entitled. New York law allows for every person to be compensated for their share of the responsibility if more than one party is accountable for an accident. An experienced attorney can assist with workers compensation cases. Some personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you choose a qualified expert to testify and help support your case. Based on the facts of a case, it may be resolved outside of court or at trial.